The Legal Interest And Its Practical Value Of The Crimes Of Bribery

At present,the theoretical positions expressed in domestic legal circles on the connotation of the protection of legal benefits of the crime of bribery tend to be diversified,and different positions not only have different academic understandings of the concept of formal legal interests,but also interpret different emphases on the interests related to constitutional protection in the pursuit of the substantive concept of legal benefits.In judicial practice,there are also four core theoretical viewpoints that have been given different degrees of recognition,namely,the "theory of the incomprehensibility of the conduct of state functionaries","the theory of the fairness of the official conduct of state functionaries",the"theory of the integrity of state functionaries",and the "compound theory" of legal benefits such as economic order and public administration order based on these three theories.In general,what should be the protection of legal benefits for the crime of accepting bribes,to what extent the elements of the concept of legal interests that can be played in judicial practice through the "theory of interpretation" can be realized in judicial practice,and whether the unattainable part can be realized through the "theory of legislation" to play the legislative critical function of the concept of substantive legal interests in legislative practice,and this series of questions is precisely where the research purpose and value of the article lie.As far as the research method is concerned,on the one hand,considering the inseparability of the understanding of the concept of legal benefit of form and the concept of legal benefit of substance,on the other hand,combined with the different pursuit of the concept of legal benefit of substance,in order to achieve a breakthrough in the existing relevant research paradigms in the academic field,try to use Professor Liu Renwen’s"three-dimensional criminal law" thought as a research guide,and use the "from experience to theory" legal research method that integrates the two methods of "normative law" and"social science law" represented by Professor Chen Ruihua.Taking the current empirical facts such as judicial interpretations,judicial and law enforcement guiding documents,and typical cases related to the regulation of the crime of bribery as a tool to discover the interpretation of the specific elements of the crime of bribery,so as to discover the differences between the existing legal interests and views that are worth exploring,through the induction and analysis of the corresponding empirical facts,integrate the desirable parts and defective parts of the existing views,put forward the views of the article on the connotation of the substantive legal benefits of the crime of bribery,use the method of legal theology to preliminarily test the self-evidence of the article’s views,and then introduce historiography,linguistics,and sociology,philosophy,economics,psychology and other social sciences associated with the essence of jurisprudence research to support the argumentative point of view.Specifically,through the analysis and summarization of the practical rationality of existing doctrines in typical cases,the article conducts full academic excavation on the basis of the current general theory of "integrity theory",shows the economicity,universality and profound and coherent legal interpretation tension of its doctrine connotation,integrates the excellent experience of various doctrines,corrects its main defects,and proposes that the legal benefit protection connotation of the crime of bribery in the article is "the normative integrity of the job conduct of state functionaries".First of all,it takes the "theory of unbought",that is,"clean" and "unbought",which refers to the"unbought nature" of job conduct;second,it uses the meaning of the word "honest" to mean "both" and "both" to"equality and justice",supplementing and explaining the connotation of the impartiality of the unbought nature;finally,in judicial practice,fully considering the practical dilemmas of the crime of accepting bribes in judicial practice,such as the difficulty of discovering the crime of bribery,the difficulty of collecting evidence,and the imbalance of the intensity of regulation,and the objective existence of some discretionary sentencing circumstances that are obviously widely used and have a greater impact that urgently need to be typed,Drawing on the order of the application of the law in the pre-establishment of economic law in economic crimes,and constructing an order that effectively connects relevant party discipline,administrative law and other norms to the pre-application of the criminal law in the regulatory path of the crime of accepting bribes,this order interest is particularly important for the crime of accepting bribes at present,which may meet the two major functions of the refinement of the conviction and sentencing of the crime of accepting bribes and the two major functions of the criminal law.Therefore,the above-mentioned "order" is elevated by the article to an integral part of the protection of legal interests in the crime of bribery,specifically expressed as a "norm" in the concept,and the constituent relationship here,in terms of internal status,can be similar to the status of "honesty",a supplementary interpretation of the basic position,or a progressive contraction of the relative basic position.When applying legal theology to test the "normative integrity of the conduct of state functionaries in office",the article uses the connotation of the viewpoints put forward to explain the constituent elements of the understanding that are more controversial in the study of typical cases,specifically launches a systematic interpretation of "state functionaries",in this part,the crimes of embezzlement and bribery are demarcated,and the purpose of "taking advantage of the convenience of office" is explained,which not only satisfies the functional positioning of the factors for considering the conditions for conviction and sentencing of"impartiality",but also has a corresponding " The pre-standard "demarcation of the boundary of convenience" can also resolve the situation of the criminalization element of "seeking benefits".As far as the coherence of the article’s self-justification of the viewpoint put forward,out of the pursuit of the "substantive concept of legal benefit" of the crime of bribery,at the same time considers the integration inside and outside the scope of the legal discipline,first of all,outside the discipline,it can take into account the current situation of theory and practice at the same time to talk about legislation,such as using Chinese linguistic knowledge to argue why the article’s view of legal benefits can advocate the crime of accepting bribes "to start the amount of punishment" or "dilute the threshold for the amount of guilt";for example,through the study and analysis of the relevant legal history,it is argued why the legal benefit concept of the article can fit into the social governance model of two or even three points of power,so as to maximize the general prevention and special prevention of the crime of bribery,etc.Secondly,within the discipline,the term "norm" of"standardizing the legal benefits of integrity",as an integral part of a concept,should be understood as an adjective,but it is not the meaning of "standardized" in the general sense,but the meaning of "pre-norm determination of association" in the sense of economic crime,and the connotation of "standardizing integrity" actually includes three kinds of interests,the first is the pre-normative order of non-criminal law norms associated with bribery acts;the second is the "impartiality" of state functionaries’ job behavior interpreted by "integrity"interpretation.The third is the "inability to buy" in the conduct of State functionaries as explained by "cleanliness".Finally,taking into account the trend of the human rights cause’s requirements for the refined development of criminal science and the eternal yearning of legislators in socialist countries for fairness and justice,in order to discuss the malleability of the legal connotation of the essence of the crime of accepting bribes,it is necessary to put forward a new legislative plan for the regulation of the crime of accepting bribes in light of the current situation of criminal legislation and judicial felonism in the risk society.